Lindsey v. Town of Danville
Supreme Court of Vermont
Case to recover for au injury to the wife of the plaintiff, William Lindsey, occasioned by the insufficiency of a highway in the town of Danville. Plea, the general issue, and trial by jury, December term, 1871, Ross, J., presiding. Verdict for the plaintiffs, and exceptions by the defendant. And now at this term the defendant preferred a petition to this coúrt for a new trial, upon the ground of newly discovered evidence, and the exceptions and petition were heard together.
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Case to recover for au injury to the wife of the plaintiff, William Lindsey, occasioned by the insufficiency of a highway in the town of Danville. Plea, the general issue, and trial by jury, December term, 1871, Ross, J., presiding. Verdict for the plaintiffs, and exceptions by the defendant. And now at this term the defendant preferred a petition to this coúrt for a new trial, upon the ground of newly discovered evidence, and the exceptions and petition were heard together. The opinion discloses all material facts. upon the question raised by the exceptions, cited Alban et als. v. Pritchett,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
This action is to recover damages for alleged injuries to the wife, by reason of an insufficient highway in the town of Danville.
1. The defendant offered evidence tending to prove that the plaintiff, William Lindsey, in the presence of his wife, declared to the witness, soon after this alleged injury, that the wife’s infirmity was caused by hard work in the sugar-place in gathering and boiling sap. The plaintiff then offered to prove by the same witness, and as a part of the same conversation, that the wife denied her husband’s statement as…
2Cited by3 opinions
- Drew v. Town of SuttonSupreme Court of Vermont · 1882
- Reynolds v. HassamSupreme Court of Vermont · 1884
- Chicago, Burlington & Quincy Railroad v. DoughertyAppellate Court of Illinois · 1883